CASCADE YARNS, INC. v. KNITTING FEVER, INC. et al

Filing 609

ORDER ON MOTIONS TO SEAL AND MOTION TO DE-DESIGNATE CONFIDENTIAL DOCUMENTS; denying pltf's 522 Motion to Seal; granting pltf's 523 Motion to de-designate documents; denying pltf's 570 Motion to Seal ; clerk shall unseal docs 525 and 573 within 3 days unless pltf has filed a notice before that date that the docs be withdrawn by Judge Ricardo S Martinez.(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CASCADE YARNS, INC.,
Plaintiff/Counterclaim
Defendant,

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ORDER ON MOTIONS TO SEAL AND
MOTION TO DE-DESIGNATE
CONFIDENTIAL DOCUMENTS

v.

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CASE NO. C10-861RSM

KNITTING FEVER, INC., et al.,

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Defendants/Counterclaim
Plaintiffs/Third-Party
Plaintiffs,

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v.

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ROBERT DUNBABIN, SR., et al.,

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Third-Party Defendants.
CASCADE YARNS, INC.,

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Plaintiff,

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v.
EMMEPIEFFE S.R.L., a foreign limited liability
corporation,

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Defendant.
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This matter is before the Court for consideration of plaintiff’s motion to “de-designate”
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documents produced by defendant and labeled “highly confidential,” together with a corresponding
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motion to seal. Dkt. # 522, 523, 570. Defendants have responded to these motions, stating in relevant
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part that only seven documents remain at issue, and that those seven are “highly confidential” and
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ORDER - 1

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should remain under seal. Dkt. ## 558, 559, 588. However, the response to the motion to seal fails to

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comply with the requirements of Local Rule CR 5(g)(3) and (4). These requirements were clearly

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explained by the Court in the Order dated November 22, 2011. Dkt. # 397. Specifically, “[t]he facts

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supporting any motion to seal, even an agreed or stipulated motion, must be provided by declaration or

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by affidavit.” Id., ¶ 2, citing Local Rule CR 5(g). The Court further explained that it is the party with

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an interest in maintaining confidentiality who must make the requisite showing. Id., ¶ 3.

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Defendants have presented no affidavit or declaration with their responses to the motion to seal.

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Instead, they refer the Court to their opposition to the motion to de-designate, and accompanying

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declaration. However, that declaration simply consists of a string of emails discussing the documents at

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issue, and does not provide the requisite facts under Local Rule CR 5. Declaration of Joshua Slavitt,

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Dkt. # 559. Apart from this, defendants’ response to the first motion to seal simply states concern

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regarding plaintiff’s practice of “selectively posting information and documents regarding this lawsuit

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on its website,” and a fear that unsealing documents “will encourage Cascade to engage further in such

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conduct.” Dkt. # 558. The Court notes, however, that since June of 2011, starting with Dkt. # 281,

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plaintiff has posted only letters rogatory and Court Orders on its website, a practice which the Court

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expects will continue. Defendants’ fears thus appear unfounded.

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Plaintiff’s motions to seal at Dkt. # 522 and Dkt. # 570 are accordingly DENIED. The Clerk

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shall UNSEAL the documents filed at Dkt. ## 525 and 573 (comprising Exhibit D to the Declaration

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of Robert Guite, and Exhibits A and B to the Reply Declaration of Robert Guite), within three days of

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this date, unless plaintiff has before that date filed notice that the documents shall be withdrawn.

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This result is dispositive of plaintiff’s motion to de-designate, as documents which are unsealed

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are no longer “highly confidential”. This result is not prejudicial to defendants. While they have

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characterized these documents as “strategic plans and competitive strategy,” inventory lists, and other

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internal documents, they all date from the period 2006-2008, and thus do not reflect current strategy or

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market plans. Plaintiff’s motion to de-designate documents (Dkt. # 523) is accordingly GRANTED.

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However, defendants’ redactions shall remain in place.

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ORDER - 2

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Dated this 5th day of April 2012.

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RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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A

ORDER - 3